xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULES

SCHEDULE 6Feedingstuffs

PART 1Restrictions on feeding proteins to animals

Prohibition on feeding animal protein

1.—(1) It is an offence to feed to any ruminant animal or non-ruminant farmed animal any animal protein (or anything containing animal protein) which is prohibited by Article 7 and Chapter I of Annex IV in relation to that animal.

(2) The prohibition in sub-paragraph (1) does not apply to the feeding of any animal in accordance with Chapter II of Annex IV.

Movement prohibitions and restrictions

2.—(1) Where an inspector has reasonable grounds to believe that a ruminant or non-ruminant farmed animal has been fed or has had access to any animal protein (or anything containing animal protein)—

(a)which is prohibited by Article 7 and Annex IV in relation to that animal; or

(b)for which the inspector cannot establish the origin,

the inspector may take the action specified in sub-paragraph (2).

(2) The inspector may serve a notice on the owner or person in charge of the animal in accordance with regulation 16 prohibiting or restricting the movement of the animal and requiring it to be kept in such manner as the notice provides.

(3) Where the notice is served in respect of a bovine animal, the inspector must—

(a)ensure that its cattle passport is stamped “Not for human consumption”; or

(b)seize or detain its cattle passport, in which case the cattle passport may be so stamped before being returned.

(4) It is an offence to consign for slaughter for human consumption or to slaughter for human consumption any animal whose cattle passport has been stamped in accordance with sub-paragraph (3).

Killing of animals

3.  Where an inspector has reasonable grounds to believe that a ruminant or non-ruminant farmed animal has been fed or has had access to any material referred to in paragraph 2, the inspector may serve a notice on the owner or person in charge of the animal in accordance with regulation 16 requiring the owner or person in charge of the animal to kill the animal and dispose of it, as specified in the notice.

Compensation

4.—(1) Where an animal is killed under paragraph 3, the Welsh Ministers may pay compensation if the Welsh Ministers consider it appropriate in all the circumstances and must give the decision on whether or not to pay compensation in writing.

(2) The appeals procedure in regulation 11 applies in relation to the decision.

(3) The compensation for—

(a)a bovine animal is the value established in accordance with paragraphs 10 and 11 of Schedule 3;

(b)an ovine or caprine animal is the value established in accordance with paragraph 15 and 16 of Schedule 4; and

(c)an animal that is not bovine, ovine or caprine is the market value of the animal at the time it is killed, established in accordance with the procedure laid down in regulation 12(3) to (7), with the owner paying any valuation fee arising.

Restriction and disposal of unlawful feedingstuffs

5.  Where unlawful feedingstuffs have been identified by an inspector as suspected of containing material prohibited by Annex IV, an inspector may serve a notice on the owner or person in possession of the feedingstuffs to—

(a)restrict animal access to the area where the feedingstuffs are stored;

(b)prevent the feedingstuffs being fed to animals generally, or prevent it being fed to those animals specified in the notice;

(c)require disposal of the feedingstuffs by the owner or person in possession of the feedingstuffs in accordance with instructions contained in the notice, with the cost of such disposal being borne by the recipient of the notice.